Report Title:

Social Security Number; Use Restricted

 

Description:

Prohibits the use of social security numbers for recordkeeping, identification, or informational purposes on a variety of state and county government documents, records and forms. Provides transition to new forms and identification numbers.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

361

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO RESTRICTIONS ON THE USE OF SOCIAL SECURITY NUMBERS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Identity theft is one of the fastest growing crimes of the decade. Identity thieves acquire enough personal information about a victim to establish themselves as the victim. The result can be disastrous for the victim. The thief could run up thousands of dollars in bills in the victim's name, ruin the victim's credit, commit a crime, and establish a criminal record in the victim's identity. Although banks sometimes absorb the costs of the identity theft related crimes, their losses eventually will be passed on to consumers.

Despite the fact that the Social Security Administration will only give information about a social security number recipient to the Internal Revenue Service, numerous state and county agencies unnecessarily use social security numbers for recordkeeping or identification purposes.

One way to reduce the chance of being victimized by an identity thief is to limit the amount of personal information available to the public. A person's social security number is the key to that person's credit and banking accounts and is the prime target of criminals.

The legislature finds that the ease of government recordkeeping does not outweigh an individual's right to social security number privacy where such privacy is a means of affording protection from potential identity theft. The legislature believes that social security numbers should be protected and released only when absolutely necessary and that the continued use of social security numbers for recordkeeping purposes, and for driver's license and identification certificate numbers is unnecessary and irresponsive to the threat of this growing crime.

The purpose of this Act is to prohibit the use of social security numbers for recordkeeping, identification, or informational purposes on any state or county government document unless specifically authorized by federal law.

SECTION 2. Section 11-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]11-6[]] Petitions; withdrawal of signatures. Wherever in this chapter the signatures of registered voters are required on a petition, any voter who, after signing a petition, seeks to withdraw the voter's signature may do so by providing notice in writing to the chief election officer any time before the filing of the petition. The notice shall include the name, [social security number,] address, and birthdate of the voter, and must be signed by the voter with the name under which the voter is registered to vote. Upon receipt of that notice containing the information required by this section, the chief election officer shall notify the group or individual to whom the petition was issued and the signature of the individual shall not be counted."

SECTION 3. Section 11-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person qualified to and desiring to register as a voter in any county shall make and subscribe to an application in the form of an affidavit.

The affidavit shall contain the following information:

(1) Name;

   [(2) Social security number;

(3)] (2) Date of birth;

    [(4)] (3) Residence, including mailing address;

    [(5)] (4) That the residence stated in the affidavit is not simply because of the person's presence in the State but that the residence was acquired with the intent to make Hawaii the person's legal residence with all the accompanying obligations therein; and

    [(6)] (5) That the person is a citizen.

Social Security numbers shall not be used on any general register or precinct list, or on any other voter document."

SECTION 4. Section 12-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No candidate's name shall be printed upon any official ballot to be used at any primary, special primary, or special election unless a nomination paper was filed in the candidate's behalf and in the name by which the candidate is commonly known. The nomination paper shall be in a form prescribed and provided by the chief election officer containing substantially the following information:

(1) A statement by the registered voters signing the form that they are eligible to vote for the candidate;

(2) A statement by the registered voters signing the form that they nominate the candidate for the office identified on the nomination paper issued to the candidate;

(3) The residence address and county in which the candidate resides;

(4) The legal name of the candidate, the name by which the candidate is commonly known, if different, the office for which the candidate is running, and the candidate's party affiliation or nonpartisanship; all of which are to be placed on the nomination paper by the chief election officer or the clerk prior to releasing the form to the candidate;

(5) Space for the name, signature, date of birth, [Social Security number,] and residence address of each registered voter signing the form, and other information as determined by the chief election officer; provided that the chief election officer shall not require the registered voter's Social Security number;

(6) A sworn certification by self-subscribing oath by the candidate that the candidate qualifies under the law for the office the candidate is seeking and that the candidate has determined that, except for the information provided by the registered voters signing the nomination papers, all of the information on the nomination papers is true and correct;

(7) A sworn certification by self-subscribing oath by a party candidate that the candidate is a member of the party;

(8) A sworn certification by self-subscribing oath, where applicable, by the candidate, that the candidate has complied with the provisions of article II, section 7, of the Constitution of the State of Hawaii;

(9) A sworn certification by self-subscribing oath by the candidate that the candidate is in compliance with section 831-2, dealing with felons, and is eligible to run for office; and

    (10) The name the candidate wishes printed on the ballot and the mailing address of the candidate."

SECTION 5. Section 12-4, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any registered voter who, after signing a nomination paper, seeks to withdraw the voter's signature shall do so by providing written notice to the chief election officer, or clerk in the case of a county office, any time before the filing of the candidate's nomination paper; provided that the notice is received by the chief election officer, or clerk in the case of a county office, no later than 4:30 p.m. on the fourth business day prior to the close of filing pursuant to section 12-6. The written notice shall include the voter's name, [social security number,] residence address, date of birth, the voter's signature, the name of the candidate, and a statement that the voter wishes to remove the voter's signature from the candidate's nomination paper. Any request by a registered voter to remove the voter's signature from a candidate's nomination paper that is received by the chief election officer, or clerk in the case of a county office, after the candidate's nomination paper has been filed or after 4:30 p.m. on the fourth business day prior to the close of filing shall not be accepted."

SECTION 6. Section 15-4, Hawaii Revised Statutes, is amended to read as follows:

"15-4 Request for absentee ballot. Any person registered to vote may request an absentee ballot in person or in writing from the clerk not earlier than on the sixtieth day and not later than 4:30 p.m. on the seventh day prior to the election. Any mailed requests for an absentee ballot shall be mailed by the person directly to the clerk. The clerk may waive any or all of the foregoing requirements in special cases as provided in the rules adopted by the chief election officer.

The request shall include information such as the person's [social security number,] date of birth[,] and the address under which the person is registered to vote. The request shall also include the address to which the person wishes the requested ballot forwarded. The request, when made for any primary or special primary election, may include an additional request for an absentee ballot to be voted at any election immediately following the primary or special primary provided the person so indicates in the person's request.

Subsequent to the closing of registration for each election, the clerk may mail a request form for an absentee ballot to each voter in a remote area who has not already made such a request. The request form shall be accompanied by:

(1) A stamped, self-addressed envelope; and

(2) Instructions regarding the manner of completing and returning the request form."

SECTION 7. Section 92F-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The following are examples of information in which the individual has a significant privacy interest:

(1) Information relating to medical, psychiatric, or psychological history, diagnosis, condition, treatment, or evaluation, other than directory information while an individual is present at such facility;

(2) Information identifiable as part of an investigation into a possible violation of criminal law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation;

(3) Information relating to eligibility for social services or welfare benefits or to the determination of benefit levels;

(4) Information in an agency's personnel file, or applications, nominations, recommendations, or proposals for public employment or appointment to a governmental position, except:

(A) Information disclosed under section 92F-12(a)(14); and

(B) The following information related to employment misconduct that results in an employee's suspension or discharge:

(i) The name of the employee;

    (ii) The nature of the employment related misconduct;

   (iii) The agency's summary of the allegations of misconduct;

    (iv) Findings of fact and conclusions of law; and

(v) The disciplinary action taken by the agency;

when the following has occurred: the highest non-judicial grievance adjustment procedure timely invoked by the employee or the employee's representative has concluded; a written decision sustaining the suspension or discharge has been issued after this procedure; and thirty calendar days have elapsed following the issuance of the decision; provided that this subparagraph shall not apply to a county police department officer except in a case which results in the discharge of the officer;

(5) Information relating to an individual's nongovernmental employment history except as necessary to demonstrate compliance with requirements for a particular government position;

(6) Information describing an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness;

(7) Information compiled as part of an inquiry into an individual's fitness to be granted or to retain a license, except:

(A) The record of any proceeding resulting in the discipline of a licensee and the grounds for discipline;

(B) Information on the current place of employment and required insurance coverages of licensees; and

(C) The record of complaints including all dispositions; [and]

(8) Information comprising a personal recommendation or evaluation[.]; and

(9) An individual's Social Security number."

SECTION 8. Section 134-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The permit application form shall include the applicant's name, address, sex, height, weight, date of birth, place of birth, [Social Security number,] and information regarding the applicant's mental health history and shall require the fingerprinting and photographing of the applicant by the police department of the county of registration; provided that where fingerprints and [photograph] photographs are already on file with the department, these may be waived."

SECTION 9. Section 184-5.1, Hawaii Revised Statutes, is amended to read as follows:

"[[]184-5.1[]] Arrest. Except when authorized by law to immediately take a person arrested for violation of [the]:

(1) The state parks, historical objects and sites, and outdoor recreation laws and regulations; [traffic]

(2) Traffic laws and ordinances; and [the]

(3) The laws of the State and the rules and regulations of the department relative to the protection and proper utilization of the recreational, scenic, historical, natural and archaeological, scientific and related resources of state and private lands;

before a magistrate, any state parks enforcement officer upon arresting any person for [violation of the state parks, historical objects and sites, and outdoor recreation laws and regulations; traffic laws and ordinances; and laws of the State and the rules and regulations of the department relative to the protection and proper utilization of the recreational, scenic, historical, natural and archaeological, scientific and related resources of state and private lands] any of the aforementioned violations, shall take the name, address, [social security number] and other pertinent information of the person; provided that the enforcement officer shall not require the person's Social Security number, and shall issue to the person a summons and citation, printed in the form hereinafter described, mandating a warning to the person to appear and answer to the charge against the person at a certain place and at a time within seven days after the arrest."

SECTION 10. Section 231-57.5, Hawaii Revised Statutes, is amended to read as follows:

"231-57.5 Notification of address [and social security number] of debtor parent. The department of accounting and general services shall notify the child support enforcement agency of the address [and social security number] of each debtor who has been subject to a setoff because of a child support debt."

SECTION 11. Section 286-238, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The application for a commercial driver's license or commercial driver's instruction permit shall include the following with respect to the applicant:

(1) The full name and current mailing, residential, and business addresses;

(2) A physical description including sex and height;

(3) Date of birth;

    [(4) Social security number;

(5)] (4) Signature;

    [(6)] (5) Color photograph;

    [(7)] (6) Certifications including those required by 49 Code of Federal Regulations, 383.71(a), except that this certification applies to both intrastate and interstate drivers; and

    [(8)] (7) Any other information required by section 286-111."

SECTION 12. Section 286-239, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The commercial driver's license shall be marked "CDL" and, to the maximum extent practicable, shall be tamperproof and include, but not be limited to, the following with respect to the licensee:

(1) The name and residence address;

(2) A color photograph;

(3) A physical description including sex and height;

(4) Date of birth;

    [(5) Social security number;

(6)] (5) Signature;

    [(7)] (6) The class or type of commercial motor vehicle or vehicles which may be driven together with any endorsements or restrictions;

    [(8)] (7) The name of this State; and

    [(9)] (8) The issuance and expiration dates of the license.

No commercial driver's license shall display the licensee's Social Security number."

SECTION 13. Section 302A-602.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Upon revocation of the certificate, the department may disclose the name, birthdate, [social security number,] and any other pertinent information about the former holder of the certificate related to the revocation for the purpose of exchanging information under chapter 315 with other national or state teacher certification agencies about school personnel who have had certificates revoked[.]; provided that the department shall not disclose the Social Security number of the former holder of the certificate."

SECTION 14. Section 302A-807, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Upon revocation of a license or credential, the department may disclose the name, birthdate,[ social security number,] and any other pertinent information about the former holder of the license or credential for the purpose of exchanging information under chapter 315 with other national or state teacher certification agencies about school personnel who have had licenses, credentials, or other certificates revoked[.]; provided that the department shall not disclose the Social Security number of the former license or credential holder."

SECTION 15. Section 329-1, Hawaii Revised Statutes, is amended by amending the definition of "identification number" to read as follows:

""Identification number" means, with respect to a patient:

(1) The unique, valid driver's license number of the patient, followed by the two-digit United States Postal Service code for the state issuing the driver's license or, if the patient is a foreign patient, the patient's passport number. If the patient does not have a driver's license, the "identification number" means [the patient's social security number,] an identifying number, other than a Social Security number followed by the patient's state of residency code. If the patient is less than eighteen years old and has no such identification, the identification number means the unique number contained on the valid driver's license of the patient's parent or guardian; or

(2) If the controlled substance is obtained for an animal, the unique number described in paragraph (1) of the animal's owner."

SECTION 16. Section 338-11, Hawaii Revised Statutes, is amended to read as follows:

"338-11 Form of certificates. The forms of certificates shall include as a minimum, the items required by the respective standard certificates as recommended by the Public Health Service, National Center for Health Statistics, subject to approval of and modification by the department of health. [In addition, the forms of death certificates shall require the individual's social security number.] The form and use of the certificates shall be subject to sections 338-16 to 338-18."

SECTION 17. Section 436B-10, Hawaii Revised Statutes, is amended amending subsection (a) to read as follows:

"(a) Application for a license shall be made on an application form to be furnished by the licensing authority. An applicant shall provide the following information on the application form:

(1) The applicant's legal name;

(2) Affirmation that the applicant is beyond the age of majority;

(3) The applicant's current residence, business and mailing addresses, and phone numbers;

    [(4) The applicant's social security number if the licensing authority is authorized by federal law to require the disclosure;

    (5)] (4) The date and place of any conviction of a penal crime directly related to the profession or vocation in which the applicant is applying for licensure, unless the conviction has been expunged or annulled, or is otherwise precluded from consideration by section 831-3.1;

    [(6)] (5) Proof that the applicant is a United States citizen, a United States national, or an alien authorized to work in the United States;

    [(7)] (6) Disclosure of similar licensure in any state or territory;

    [(8)] (7) Disclosure of disciplinary action by any state or territory against any license held by the applicant; and

    [(9)] (8) Any other information the licensing authority may require to investigate the applicant's qualifications for licensure[.]; provided the licensing authority shall not require the applicant's Social Security number.

Failure to provide the above information and pay the required fees shall be grounds to deny the application for licensure."

SECTION 18. Section 501-151, Hawaii Revised Statutes, is amended to read as follows:

"501-151 Pending actions, judgments; recording of, notice. No writ of entry, action for partition, or any action affecting the title to real property or the use and occupation thereof or the buildings thereon, and no judgment, nor any appeal or other proceeding to vacate or reverse any judgment, shall have any effect upon registered land as against persons other than the parties thereto, unless a full memorandum thereof, containing also a reference to the number of certificate of title of the land affected is filed or recorded and registered. Except as otherwise provided, every judgment shall contain or have endorsed on it the [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number for persons, corporations, partnerships, or other entities against whom the judgment is rendered. If the judgment debtor has no [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number, or if that information is not in the possession of the party seeking registration of the judgment, the judgment shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking registration of the judgment. Failure to disclose or disclosure of an incorrect [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number shall not in any way adversely affect or impair the lien created upon recording of the judgment. This section does not apply to attachments, levies of execution, or to proceedings for the probate of wills, or for administration in a probate court; provided that in case notice of the pendency of the action has been duly registered it is sufficient to register the judgment in the action within sixty days after the rendition thereof.

As used in this chapter "judgment" includes an order or decree having the effect of a judgment.

Notice of the pendency of an action in a United States District Court, as well as a court of the State of Hawaii, may be recorded."

SECTION 19. Section 502-33, Hawaii Revised Statutes, is amended to read as follows:

"502-33 Identification of reference to registration of original. The registrar shall not record any instrument requiring a reference to a prior recorded instrument, unless the same contains a reference to the book and page or document number of the registration of the original recorded instrument or a statement that the original instrument is unrecorded, as the case may be. Except as otherwise provided, every judgment shall contain or have endorsed on it the [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number for persons, corporations, partnerships, or other entities against whom the judgment is rendered. If the judgment debtor has no [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number, or if that information is not in the possession of the party seeking registration of the judgment, the judgment shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking registration of the judgment. Failure to disclose or disclosure of an incorrect [social security number,] State of Hawaii general excise taxpayer identification number, or federal employer identification number shall not in any way adversely affect or impair the lien created upon registration of the judgment. No amendment, continuation statement, termination statement, statement of assignment, or statement of release relating to security interests in goods which are or are to become fixtures shall be filed unless it complies with the requirements of the Uniform Commercial Code, section 490:9-408. This section does not apply to any document mentioned herein executed prior to April 13, 1915."

SECTION 20. Section 504-1, Hawaii Revised Statutes, is amended to read as follows:

"504-1 Registration of federal judgments. Judgments of United States courts may be registered, recorded, docketed, and indexed in the bureau of conveyances or with the assistant registrar of the land court in the same manner as judgments of the courts of the State. Except as otherwise provided, every judgment shall contain or have endorsed on it the [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number for persons, corporations, partnerships, or other entities against whom the judgment is rendered. If the judgment debtor has no [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number, or if that information is not in the possession of the party seeking the registration, recordation, docketing, or indexing of the judgment, the judgment shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking registration, recordation, docketing, or indexing of the judgment. Failure to disclose or disclosure of an incorrect [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number shall not in any way adversely affect or impair the lien created upon the registration, recordation, docketing, or indexing of the judgment."

SECTION 21. Section 571-52.6, Hawaii Revised Statutes, is amended to read as follows:

"571-52.6 Child support order, judgment, or decree; accident and sickness insurance coverage. Each order, judgment, or decree under this chapter or chapter 576B, 580, or 584 ordering a person to pay child support shall include the following provisions:

(1) Both the obligor and the obligee are required to file with the state case registry, through the child support enforcement agency, upon entry of the child support order and to update as appropriate, information on the identity and location of the party, including [social security number,] residential and mailing addresses, telephone number, driver's license number [if different from social security number,] and name, address, and telephone number of the party's employer; and

(2) The liability of that person for accident and sickness insurance coverage when available at reasonable cost."

SECTION 22. Section 572-6, Hawaii Revised Statutes, is amended to read as follows:

"572-6 Application; license; limitations. To secure a license to marry, the persons applying for the license shall appear personally before an agent authorized to grant marriage licenses and shall file with the agent an application in writing. The application shall be accompanied by a statement signed and sworn to by each of the persons, setting forth[:] the person's [full]:

(1) Full name, date of birth, [social security number,] and residence; [their]

(2) Their relationship, if any; [the]

(3) The full names of parents; and [that]

(4) That all prior marriages, if any, have been dissolved by death or dissolution.

If all prior marriages have been dissolved by death or dissolution, the statement shall also set forth the date of death of the last prior spouse or the date and jurisdiction in which the last decree of dissolution was entered. Any other information consistent with the standard marriage certificate as recommended by the Public Health Service, National Center for Health Statistics, may be requested for statistical or other purposes, subject to approval of and modification by the department of health; provided that the information shall be provided at the option of the applicant and no applicant shall be denied a license for failure to provide the information. The agent shall [indorse] endorse on the application, over the agent's signature, the date of the filing thereof and shall issue a license which shall bear on its face the date of issuance. Every license shall be of full force and effect for thirty days commencing from and including the date of issuance. After the thirty-day period, the license shall become void and no marriage ceremony shall be performed thereon.

It shall be the duty of every person, legally authorized to grant licenses to marry, to immediately report the issuance of every marriage license to the agent of the department of health in the district in which the license is issued, setting forth all facts required to be stated in [such] the manner and on [such] the form [as] which the department may prescribe."

SECTION 23. Section 576B-311, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter must verify the petition. Unless otherwise ordered under section 576B-312, the petition or accompanying documents must provide, so far as is known, the name[,] and residential address[, and social security numbers] of the obligor and the obligee, and the name, sex, residential address, [social security number,] and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information, except the respondent's Social Security number, that may assist in locating or identifying the respondent."

SECTION 24. Section 576B-602, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A support order or income withholding order of another state may be registered in this State by sending the following documents and information to the registering tribunal:

(1) A letter of transmittal to the registering tribunal requesting registration and enforcement;

(2) Two copies, including one certified copy, of all orders to be registered, including any modification of an order;

(3) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4) The name of the obligor and, if known:

(A) The obligor's address[ and social security number];

(B) The name and address of the obligor's employer and any other source of income of the obligor; and

(C) A description and the location of property of the obligor in this State not exempt from execution; and

(5) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted."

SECTION 25. Section 576D-13, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The notice shall be sent by regular mail to both the last known address of record of the obligor or individual as shown in the records of the licensing authority and the address of record of the obligor or individual as shown in the agency's child support record. For purposes of this section, the date of service means two days following the date of mailing. The notice shall contain the following information:

(1) Identification of the license, certificate, permit, or registration subject to suspension, nonrenewal, nonreinstatement, nonrestoration, or denial;

(2) The name, [social security number, if available,] date of birth, if known, and each applicable child support case number or numbers of the obligor or individual;

(3) The amount of the arrears, the amount of the monthly child support obligation, and reference to the support order upon which the support amount and arrears are based or the subpoena or warrant that the individual has failed to comply with;

(4) A statement that the obligor or individual may contest the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of a license by requesting a hearing in writing within thirty days of the date of service of the notice of intent to suspend, not renew, not reinstate, not restore, or deny the license;

(5) A statement that the obligor may contact the agency in writing within thirty days of the date of service of the notice and enter into a monthly payment agreement for the arrears owed, and if an agreement is entered into within thirty days of making contact with the agency, the agency shall not pursue the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of the license;

(6) A statement that an individual not in compliance with a subpoena or warrant relating to a paternity or child support proceeding may contact the agency in writing within thirty days of the date of service of the notice and enter into an agreement to provide the information or appear at the proceedings, and if so, the agency shall not pursue the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of the license; and

(7) A statement that if the obligor or individual makes a timely request as specified in paragraph (4), the agency shall stay the action until a decision is made."

SECTION 26. Section 576D-15, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The financial institution shall provide to the agency, on a quarterly basis, the name, record address, [social security number or other] taxpayer identification number[,] other than a Social Security number, and other identifying information for each noncustodial parent who maintains an account at [such] the institution and who owes past due support, as identified by the agency by name [and social security number or other] or taxpayer identification number[.] other than a Social Security number."

SECTION 27. Section 576D-16, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Beginning October 1, 1998, each employer in the State shall report to the agency within twenty days of hire the name[,] and address[, and social security number] of each new employee, along with the name, federal identification number, and address of the employer. Each report shall be made on a W-4 form or its equivalent, and may be transmitted by first class mail, magnetically, or electronically. If an employer is transmitting reports to the agency magnetically or electronically, the report shall be transmitted twice monthly not less than twelve days nor more than sixteen days apart. The agency shall maintain these reports as the state directory of new hires."

SECTION 28. Section 576E-11, Hawaii Revised Statutes, is amended to read as follows:

"576E-11 Administrative orders; required findings. Every order entered pursuant to this chapter shall specify, where applicable, the following:

(1) The amount of periodic support to be paid by a party with directions as to the manner of payment;

(2) The amount of child support arrearage, if any, that has accrued under an existing court or administrative order;

(3) The amount of public assistance debt, if any, accrued under section 346-37.1;

(4) The amount of the periodic payment to be made in liquidation of [such] any public assistance debt, if any, or child support arrearage, if any;

(5) A statement that a party's taxes shall be set off against the amount of such public assistance debt, if any, or child support arrearage, if any;

(6) The extent of the party's responsibility to provide medical insurance coverage for the dependent child involved in the case, or otherwise to pay the reasonable and necessary medical expenses of the dependent child;

(7) The name and birth date of the dependent child;

(8) A statement that the property of the party is subject to collection action, including but not limited to, withholding of income, unemployment compensation, workers' compensation, and retirement benefits, seizure of property, disclosure of information relating to the party's debts to consumer credit reporting agencies, and federal and state tax refund setoff;

(9) A statement that violations of the administrative order are punishable as contempt of court;

    (10) A statement notifying the parties of the right to judicial review of administrative orders, and the procedure for obtaining [such] a review; and

    (11) Identifying information for each party, including [social security number,] residential and mailing addresses, telephone number, driver's license number [if different from the social security number], and name, address, and telephone number of the party's employer, unless there is a finding that [such] the disclosure of information would unreasonably put at risk the health, safety, or liberty of a party or child."

SECTION 29. Section 584-3.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) To expedite the establishment of paternity, each public and private birthing hospital or center and the department of health shall provide unwed parents the opportunity to voluntarily acknowledge the paternity of a child during the period immediately prior to or following the child's birth. The voluntary acknowledgment of paternity shall be in writing and shall consist of a single form signed under oath by both the natural mother and the natural father and signed by a witness. [The voluntary acknowledgment of paternity form shall include the Social Security number of each parent.] Prior to the signing of the voluntary acknowledgment of paternity form, designated staff members of [such] those facilities shall provide to both the mother and the alleged father, if [he] the father is present at the facility:

(1) Written materials regarding paternity establishment;

(2) Forms necessary to voluntarily acknowledge paternity; and

(3) Oral and written descriptions of the alternatives to, the legal consequences of, and the rights and responsibilities of acknowledging paternity, including, if one parent is a minor, any right afforded due to minority status.

The completed voluntary acknowledgment forms shall clearly identify the name and position of the staff member who provides information to the parents regarding paternity establishment. The provision by designated staff members of the facility of the information required by this section shall not constitute the unauthorized practice of law. Each facility shall send to the department of health the original acknowledgment of paternity containing the [Social Security numbers, if available, of both parents, with the] information required by the department of health so that the birth certificate issued includes the name of the legal father of the child, which shall be promptly recorded by the department of health[.]; provided the department of health shall not require the Social Security number of either parent."

SECTION 30. Section 636-3, Hawaii Revised Statutes, is amended to read as follows:

"636-3 Judgment, lien when. Any money judgment or decree of a state court or the United States District Court for the District of Hawaii shall be a lien upon real property when a copy thereof, certified as correct by a clerk of the court where it is entered, is recorded in the bureau of conveyances. No [such] lien shall continue beyond ten years after the date of the judgment. Except as otherwise provided, every judgment shall contain or have endorsed on it the [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number, other than a Social Security number, for persons, corporations, partnerships, or other entities against whom the judgment is rendered. If the judgment debtor has no [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number[,] other than a Social Security number, or if that information is not in the possession of the party seeking registration of the judgment, the judgment shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking recordation of the judgment. Failure to disclose or disclosure of an incorrect [social security number,] State of Hawaii general excise taxpayer identification number[,] or federal employer identification number shall not in any way adversely affect or impair the lien created upon recordation of the judgment. When any [such] judgment is fully paid, the creditor or the creditor's attorney of record in the action shall, at the expense of the debtor, execute, acknowledge, and deliver to the debtor a satisfaction thereof, which may be recorded in the bureau. Every satisfaction or assignment of judgment shall contain a reference to the book and page or document number of the registration of the original judgment. The recording fees for a judgment and for each assignment or satisfaction of judgment shall be as provided by section 502-25.

In the case of registered land, section 501-102 and chapter 501, part     shall govern."

SECTION 31. Section 803-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The citation shall contain:

(1) Name and current address of offender;

[(2) Social security number;

(3)] (2) Description of offender;

  [(4)] (3) Nature of the offense;

   [(5)] (4) Time and date;

[(6)] (5) Notice of time and date for court appearance;

[(7)] (6) Signature of officer (badge);

  [(8)] (7) Signature of offender agreeing to court appearance;

  [(9)] (8) Remarks; and

[(10)] (9) Notice-you are hereby directed to appear at the time and place designated above to stand trial for the offense indicated. A failure to obey this citation may result in a fine or imprisonment, or both."

SECTION 32. Section 846-28, Hawaii Revised Statutes is amended by amending subsection (a) to read as follows:

"(a) The department of the attorney general shall require, collect, secure, make, and maintain a record of the following items of information so far as it is practicable to secure the same, with respect to each applicant for registration:

(1) The name of the person applying to be registered (hereinafter called the "registrant" or "applicant"), the street and number or address of the applicant's place of permanent residence, and the applicant's residence and business telephone numbers, if any;

(2) The applicant's occupation and any pertinent data relating thereto;

(3) The applicant's racial extraction;

(4) The applicant's citizenship;

(5) The date and place of the applicant's birth;

(6) The applicant's personal description including sex, height, weight, hair, eyes, complexion, build, scars, and marks;

(7) The applicant's right and left index fingerprints or, if the applicant has no right index finger or left index finger, other identifying imprint as specified by rules of the department; provided that this requirement shall not apply to minors until they reach the age of three years; and

(8) The name, relationship, and address of the nearest relative or other person to be notified in case of sickness, accident, death, emergency, or need of the applicant, if [such] notification is desired[; and

(9) The social security number of the applicant].

SECTION 33. Section 846-30, Hawaii Revised Statutes, is amended to read as follows:

"846-30 Identification certificates; form. The department of the attorney general, after taking the fingerprints of each registrant as provided in this part (except as otherwise provided in the case of children under three years of age), and after securing the information required by or pursuant to this part, shall issue to each registrant a certificate of identification in [such] a form, and with [such] any information, [as] that the attorney general deems necessary and practicable[.]; provided that the registrant's Social Security number shall not appear on the certificate of identification."

SECTION 34. Section 846-35, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) All information and records acquired by the department of the attorney general under this part shall be confidential. All information and records shall be maintained in an appropriate form and in an appropriate office in the custody and under the control of the department, which shall at all times be kept separate from any similar records relating to the identification of criminals. The information shall be available only to authorized persons in the department, and [such] any other persons or agencies [as] that the attorney general shall authorize, under [such] any restrictions [as] that the attorney general shall prescribe. The attorney general may dispose of any application or certificate of registration, or information or record relating to [such] the application or certificate of registration, [which does not include a social security number,] without regard to the provisions of chapter 94, whenever, in the attorney general's discretion, retention of [such] the information or record is no longer required or practicable."

SECTION 35. Section 846-41, Hawaii Revised Statutes, is amended to read as follows:

"[[]846-41[]] Employees of cooperative housing corporations and condominiums; background check. The board of directors of a cooperative housing corporation or of an association of apartment owners, or the manager of a cooperative housing project or a condominium project, upon the written authorization of an applicant for employment as security guard or manager or for a position that would allow the employee access to the keys of or entry into the units in the project, or access to corporation or association funds, may conduct a background check on the applicant or direct another responsible party to conduct the check. Before initiating or requesting a check, the board of directors or the manager first shall certify that the signature on the authorization is authentic and that the person is an applicant for employment. The background check, at a minimum, shall require the applicant to disclose whether:

(1) The applicant has been convicted in any jurisdiction of a crime that would tend to indicate the applicant may be unsuited for employment as an employee with access to corporation funds [or], association funds, or the keys of or entry into the units in the project; and

(2) The judgment of conviction has not been vacated[.];provided that the applicant shall not be required to disclose the applicant's Social Security number.

For the purpose of this section, the criminal history disclosure made by the applicant may be verified by the board of directors, manager, or other responsible party, if so directed by the board or the manager, by means of information obtained through the data center. The board or manager may conduct a criminal history record check directly through the Hawaii criminal justice data center. The applicant shall provide the Hawaii criminal justice data center with personal identifying information which shall include, at a minimum, the applicant's name, [social security number,] date of birth, and sex[. This]; provided the applicant shall not be required to provide the Hawaii criminal justice data center with the applicant's Social Security number. All information shall be secured only for the purpose of conducting the criminal history record check authorized by this section. Failure of a cooperative housing corporation or the manager or an association of apartment owners or the manager, to conduct or verify or cause to have conducted or verified a background check shall not alone give rise to any private cause of action against the corporation, association, or manager for acts and omissions of the employee hired."

SECTION 36. Section 846-42, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The county liquor commissions may request a background check on an applicant for a liquor license. For the purposes of this section, "criminal history record check" means an examination or search for evidence of an individual's criminal history by means of:

(1) A search for the individual's fingerprints in the national criminal history record files and, if found, an analysis and any other information available pertaining thereto; and

(2) A criminal history record check conducted by the Hawaii criminal justice data center; provided that the Hawaii criminal justice data center may charge a reasonable fee for criminal history record checks performed.

The background check, at a minimum, shall require the applicant to disclose whether:

(1) The applicant has been convicted in any jurisdiction of a crime that would tend to indicate the applicant may be unsuited for obtaining a liquor license; and

(2) The judgment of conviction has not been vacated.

For the purpose of this section, the criminal history disclosure made by the applicant may be verified by the liquor commission by means of information obtained through the Hawaii criminal justice data center. The applicant shall provide the Hawaii criminal justice data center with personal identifying information which shall include, at a minimum, the applicant's name, [social security number,] date of birth, and sex[. This]; provided the applicant shall not be required to provide the Hawaii criminal justice data center with the applicant's Social Security number. All information shall be secured only for the purpose of conducting the criminal history record check authorized by this section."

SECTION 37. Section 846E-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Registration information for each sex offender shall consist of a recent photograph, verified fingerprints, and a signed statement by the sex offender containing:

(1) Name and all aliases used by the sex offender or under which the sex offender has been known and other identifying information, including date of birth, [social security number,] sex, race, height, weight, and hair and eye color;

(2) The legal address and telephone number of the sex offender's residence or mailing address, or any current, temporary address where the sex offender resides, and for each address how long the sex offender has resided there;

(3) The legal address and telephone number where the sex offender is staying for a period of more than ten days, if other than the stated residence;

(4) The future address and telephone number where the sex offender is planning to reside, if other than the stated residence;

(5) Names and legal addresses of current and known future employers and the starting and ending dates of any such employment;

(6) The year, make, model, color, and license number of all vehicles currently owned or operated by the sex offender;

(7) A summary of the criminal offenses against victims who were minors and sexually violent offenses for which the sex offender has been convicted [or], found unfit to proceed, or acquitted pursuant to chapter 704;

(8) A statement indicating whether the sex offender has received or is currently receiving treatment for mental abnormality or personality disorder;

(9) A statement indicating whether the sex offender is a United States citizen; and

    (10) Any additional identifying information about the sex offender."

SECTION 38. Section 571-84.5, Hawaii Revised Statutes, is repealed.

["571-84.5 Support order, decree, judgment, or acknowledgment; social security number. The social security number of any individual who is a party to a divorce decree, or subject to a support order or paternity determination, or has made an acknowledgment of paternity issued under this chapter or chapter 576B, 580, or 584 shall be placed in the records relating to the matter."]

SECTION 39. Section 580-16, Hawaii Revised Statutes, is repealed.

["[580-16] Divorce decree, support order; social security number. The social security number of any individual who is party to a divorce decree or subject to a support order issued under this chapter shall be placed in the records relating to the matter."]

SECTION 40. Section 584-23.5, Hawaii Revised Statutes, is repealed.

["[584-23.5] Paternity judgment, acknowledgment, support order; social security number. The social security number of any individual who is subject to a paternity judgment or acknowledgment, or support order issued under this chapter shall be placed in the records relating to the matter."]

SECTION 41. All agencies may charge a reasonable fee to cover the cost of converting social security number identifiers to other identifying number systems, and to reprint application forms without the Social Security number requirement.

SECTION 42. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 43. This Act shall take effect on January 1, 2002.

INTRODUCED BY:

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